Communications Litigation Today was a Warren News publication.

Alleged Email Spammer Cites 9th Circuit Decision to Back Its Motion to Dismiss

The 9th U.S. Circuit Appeals Court's Oct. 12 decision in Diaz v. One Technologies affirming the district court’s dismissal of the plaintiff’s complaint for lack of personal jurisdiction supports One Technologies’ Oct. 11 motion to dismiss plaintiff Joel Fink’s fraud complaint because the consumer credit information company isn’t subject to personal jurisdiction in California (see 2310120024), said the company’s statement Thursday (docket 3:23-cv-05086) in U.S. District Court for Northern California in San Francisco. Fink alleges One Technologies sent him at least 73 unsolicited and unlawful spam emails in violation of Section 17529.5 of the California Business and Professional Code (see 2310050001).